WHEREAS, the present general and permanent ordinances of Town of Bargersville subdivision are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the Town and for the proper conduct of its affairs; and

   WHEREAS, the Acts of the General Assembly of the State of Indiana empower and authorize the political subdivisions of the State to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

   WHEREAS, the Town Council of the Town of Bargersville has authorized a general compilation, revision and codification of the ordinances of the Town of a general and permanent nature and publication of such ordinance in book form; and

   WHEREAS, it is necessary to provide for the usual daily operation of the Town and for the immediate preservation of the public peace, health, safety and general welfare of the Town that this ordinance take effect at an early date.

   NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARGERSVILLE, INDIANA

   Section 1. The general ordinances of the Town of Bargersville as revised, amended, restated, codified and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of the Town of Bargersville, Indiana”.

   Section 2. Such Code of Ordinances as adopted in Section 1 of this Ordinance shall consist of the following Titles and Chapters:

   Title I: General Provisions

      Chapter 10. General Code of Construction; General Penalty

   Title III: Administration

      Chapter 30. General Provisions

      Chapter 31. Town Organizations

      Chapter 32. Officials and Employees

      Chapter 33. Fees, Tax and Finance

   Title V: Public Works

      Chapter 50. General Provisions

      Chapter 51. Garbage, Trash and Rubbish

      Chapter 52. General Water Provisions

      Chapter 53. Sewage System

      Chapter 54. Electric Utility

      Chapter 55. Storm Water Management

   Title VII: Traffic Code

      Chapter 70. Traffic Regulations

      Chapter 71. Golf Carts

      Chapter 72. Parking Regulations

      Chapter 73. Traffic Schedules

      Chapter 74. Parking Schedules

   Title IX: General Regulations

      Chapter 90. Public Nuisances

      Chapter 91. Fair Housing

      Chapter 92. Streets and Sidewalks

      Chapter 93. Parks and Recreation

   Title XI: Business Regulations

      Chapter 110. Flea Markets

   Title XIII: General Offenses

      Chapter 130. Minors, Curfew

   Title XV: Land Usage

      Chapter 150. General Provisions

      Chapter 151. Building Code

      Chapter 152. Property Addressing

      Chapter 153. Flood Hazard Areas

      Chapter 154. Subdivision Code

      Chapter 155. Zoning Code

   Table of Special Ordinances

   Parallel References

   Index

   Section 3. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

   Section 4. This Code of Ordinances shall be deemed published as of the day of its adoption and approval by the Town Council, and the Clerk-Treasurer of the Town is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk-Treasurer.

   Section 5. This Code of Ordinances shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and place of the ordinance and all provisions, section, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

   Section 6. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.

   ADOPTED by the Town Council of the Town of Bargersville, Indiana, this 15th day of November, 2011.

   TOWN COUNCIL OF THE TOWN OF BARGERSVILLE, INDIANA

Jim Beck /s/          Jimmy Inabnitt /s/

Jim Beck, Vice President      Jimmy Inabnitt, Member

Cindy Jarvis /s/          Steve Welch /s/

Cindy Jarvis, Member         Steve Welch, Member

ATTEST:

Donna Shucus /s/

Clerk-Treasurer Chief Deputy

   Chapter

      10.   GENERAL CODE CONSTRUCTION; GENERAL PENALTY

Section

   All ordinances of a permanent and general nature of the town, as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections, shall be known and designated as the “Town of Bargersville Code”, for which designation “code of ordinances”, “codified ordinances” or “code” may be substituted. Code title, chapter and section headings do not constitute any part of the law as contained in the code.

   Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.

   All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

   (A)   This code is a codification of previously existing laws, amendments thereto and newly enacted laws. Any previously existing law or amendment thereto reenacted by this code shall continue in operation and effect, as if it had not been repealed by this code. All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.

   (B)   Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.

   (C)   The numerical order and position of sections in this code does not resolve a conflict between two or more sections.

   (D)   Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted. The section most recently enacted supersedes any conflicting section or division.

   (E)   All references within a section of this code to any section of previously existing laws refer to the numbers in the original enactment.

   (F)   (1)   The numerical designations and descriptive headings assigned to the various titles, chapters, subchapters or sections of this code, as originally enacted or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content. These descriptive headings are for organizational purposes only and do not affect the meaning, application or construction of the law they precede.

      (2)   Each note following a section of this code is for reference purposes only and is not a part of the section.

   (G)   All references to any section of this code refer to all subsequent amendments to that section, unless otherwise provided.

(I.C. 1-1-1-5)

   (A)   Rules of interpretation. This code shall be construed by the following rules unless the construction is plainly repugnant to the legislative intent or context of the provision.

      (1)   Words and phrases shall be taken in their plain, ordinary and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

      (2)   Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of the persons, unless otherwise declared in the section giving the authority.

      (3)   Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.

      (4)   Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

   (B)   Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      CLERK-TREASURER. The Clerk-Treasurer of the Town Council.

      COUNCIL. The Town Council.

      COUNTY. Johnson County.

      HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.

      MONTH. One calendar month.

      PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, receiver and bodies politic. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

      PRECEDING and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.

      TOWN. The Town of Bargersville, Indiana.

      WRITTEN and IN WRITING. Include printing, lithographing or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, or the person’s mark.

      YEAR. One calendar year, unless otherwise expressly provided.

(I.C. 1-1-4-5)

   (A)   If any section of this code now enacted or subsequently amended or its application to any person or circumstances is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.

   (B)   Except in the case of a section or amendment to this code containing a non-severability provision, each division or part of every section is severable. If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:

      (1)   The remainder is so essentially and inseparably connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would have been enacted without the invalid provision or application; or

      (2)   The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.

   (C)   This section applies to every section of this code regardless of whether a section was enacted before or after the passage of this code.

   (D)   The repeal of a section stating that the provisions of an act are severable as provided in division (B) does not affect the operation of division (B) with respect to that act.

(I.C. 1-1-1-8)

   Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

   (A)   Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this municipality exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

   (B)   Name designations. Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority or instrumentality of any government, and that name designation is incorrectly stated; or at the time of the effective date of that ordinance or subsequent thereto, the rights, powers, duties or liabilities placed with that entity are or were transferred to a different entity; then the named board, bureau, commission, department, division, officer, agency, authority or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which the duties, liabilities, powers and rights were transferred.

(I.C. 1-1-6-1)

   If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

   (A)   In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.

   (B)   The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be a Saturday, Sunday or a state holiday, it shall be excluded.

   When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture or liability incurred under the section, unless the repealing section so expressly provides. The section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture or liability.

(I.C. 1-1-5-1)

   The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code, shall not be affected by the repeal and reenactment; but all suits, proceedings and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted.

   All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

   (A)   If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

   (B)   Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to an indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

   (A)   As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the text of the code section. Example:

(Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1-1985)

   (B)   (1)   If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example:

(I.C. 36-5-2-2)

      (2)   If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

   All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.

   (A)   Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to the following:

      (1)   A fine not exceeding $2,500 for the first violation; and

      (2)   A fine not exceeding $7,500 for second and subsequent violations, except for violations of ordinances regulating traffic and parking.

   (B)   A separate violation shall be deemed committed upon each day during which a violation occurs or continues.

   Chapter

      30.   GENERAL PROVISIONS

Section

   (A)   All members of the Town Council shall be elected at-large.

   (B)   The Town Council shall have five members with four-year terms for each member.

(Ord. 2002-8, passed 11-1-2002)

   (A)   All grants that may be applied for by the town, including but not limited to any of its utilities and departments, shall be applied for by and in the name of the Town Council. Any employee of the town or other person, who desires that a particular grant application be made, shall bring the grant application to the attention of the Town Council.

   (B)   With regard to any particular grant application and the processing of grant funds that may be received, the Town Council may appoint a person to oversee the grant process and expenditure of any grant funds received.

(Res. 2015-07, passed 5-12-2015)

   The Town Council recognizes the right and need of those who wish to breathe smoke-free air and finds and declares that the smoke of tobacco, tobacco related products and tobacco substitutes, fillers and other plants or weeds is a hazard to the health of the general public. Accordingly, the Town Council determines that the health, safety and welfare of the residents of the town would be furthered by the regulation of smoking in the Town Hall.

(Ord. 1992-14, passed 11-10-1992)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   SMOKE or SMOKING. The act of burning any tobacco product, weed, filler or plant of any kind in a cigarette, cigar, pipe, hookah or water pipe, or in any other device; or the carrying or holding of a lighted cigarette, cigar, pipe or any other lighted smoking equipment; or the inhalation or exhalation of smoke from any lighted smoking equipment.

(Ord. 1992-14, passed 11-10-1992)

   Smoking shall be prohibited in the Town Hall.

(Ord. 1992-14, passed 11-10-1992) Penalty, see § 30.99

   “Smoking Permitted” or “No Smoking” signs with letters of not less than one inch in height shall be conspicuously posted in the Town Hall and also in every other place where smoking may hereafter be controlled by this subchapter.

(Ord. 1992-14, passed 11-10-1992)

   (A)   It is the right of any town employee or official to inform persons violating this subchapter of the appropriate provisions thereof.

   (B)   Any citizen who wishes to register a complaint hereunder may do so with the Town Council or with a designated employee of the town.

   (C)   Enforcement shall be implemented by the Town Council or through a town employee so designated by the Town Council in the manner provided by law for enforcement of municipal ordinances. That person shall have authority to issue warnings to known or suspected violators.

(Ord. 1992-14, passed 11-10-1992)

   This subchapter shall not be interpreted to permit smoking where it is otherwise restricted by law.

(Ord. 1992-14, passed 11-10-1992)

   (A)   The Town Council of Bargersville adopts the following Title VI (of the Civil Rights Act of 1964) and non-discrimination policy:

      "It is the express policy of the Town of Bargersville that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program, services or activity receiving federal funds on the grounds of race, color, religion, sex, disability, national origin, ancestry or status as a veteran in accordance with federal law. It is also the policy of the Town of Bargersville to make every reasonable effort to ensure nondiscrimination with respect to race, color, religion, sex, disability, national origin, ancestry, or status as a veteran for all Town programs, services and activities regardless of its funding source."

   (B)   Non-discrimination language in compliance with federal law and consistent with the town's Title VI and non-discrimination policy articulated in division (A) shall be included in all written contracts and bid notices.

   (C)   The Council hereby appoints the Director of Development as the town's Title VI Administrator with the respect to contracting and any program or activity for which the town receives federal financial assistance.

   (D)   The Council hereby appoints The Director of Development as the town's ADA Administrator with the respect to contracting and any program or activity for which the town receives federal financial assistance.

   (E)   The Council hereby adopts the Title VI complaint procedure attached as Exhibit A to the resolution codified herein and directs that it be posted on the town's website and made available to the public through all other appropriate avenues.

   (F)   The Council directs the Title VI Administrator to prepare and present to the Council an annual Title VI and non-discrimination report to the Council no later than March 1 of each year.

(Res. 2016-08, passed 8-2-2016; Res. 2022-08, passed 8-9-2022)

   Any person, firm or corporation violating any provision of §§ 30.15 through 30.20 shall be fined up to $500 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 1992-14, passed 11-10-1992)

Section

   (A)   There is hereby established the Town Utility Board, which shall control all of the municipally-owned utilities of the town.

   (B)   The Utility Board shall consist of five members who shall be the five members of the Town Council.

(Ord. 1983-7, passed 12-13-1983)

   (A)   There is hereby established, pursuant to the provisions of I.C. 36-7, an Advisory Plan Commission for the town.

   (B)   The legal name of the Advisory Plan Commission shall be the Town Plan Commission.

   (C)   The members of the Advisory Plan Commission shall be appointed and their terms shall be fixed pursuant to the provisions of I.C. 36-7, and all laws amendatory thereof and/or supplemental thereto.

(Ord. 1993-4, passed 8-10-1993)

   (A)   I.C. 8-1.5-5 concerning “Storm Water Management Systems” is hereby adopted by the Town Council, so as to make the Act and any and all amendments thereto effective and operative in the town.

   (B)   Pursuant to I.C. 8-1.5-5, a Department of Storm Water Management shall be and is hereby created for the purpose of providing for the collection and disposal of storm and surface water in the town.

   (C)   Pursuant to I.C. 8-1.5-5-4(c), the Department of Storm Water Management shall be controlled by a Board of Directors which shall consist of three directors appointed by the Town Council President of the town, no more than two of whom may be of the same political party. The Town Council President may remove a director at any time when, in the judgment of the Town Council President, it is for the best interest of the Department. If a director is so removed, the Town Council President shall appoint a replacement to fill the unexpired term of the removed director.

   (D)   The initial terms of the first directors appointed pursuant to this section shall be staggered so that one director shall have a one-year term; one director shall have a two-year term; and one director shall have a three-year term. Thereafter, the terms of all directors shall be for a period of three years, and all initial terms shall begin an the first day of the month following adoption of this section.

   (E)   Pursuant to I.C. 8-1.5-5, there is hereby created a special taxing district which shall include all of the territory within the corporate boundaries of the town.

   (F)   The Board of Directors shall prepare a budget for the operation of the Department of Storm Water Management on an annual basis. The budget shall be subject to approval by the Town Council, and any issuance of bonds or other methods for making capital improvements shall be approved by the Town Council as provided by law.

   (G)   The Utility Superintendent of the town (or his or her designee) shall be in charge of the day to day operations of the Department of Storm Water Management and shall attend the meetings of the Board of Directors.

(Ord. 2000-9, passed 12-12-2000)

   (A)   Town Marshal abolished. The Office of Town Marshal in the town shall be abolished effective August 1, 2001. The foregoing effective date may be altered to an earlier or later date by resolution of the Town Council.

   (B)   Metropolitan Board established.

      (1)   Pursuant to the provisions of I.C. 36-8-9-2, there has been and hereby is established a Board of Metropolitan Police Commissioners (the “Board”) in and for the town to consist of five members to be appointed by the Town Council. The first Board of Metropolitan Police Commissioners (the “Commissioners”) shall begin its duties immediately upon their appointment. The Commissioners appointed shall be of good moral character, legal residents of the town and not more than three shall be of the same political party, if individuals who satisfy this requirement can be found to serve on the Board. Except as hereafter provided, the term of each Commissioner expires January 1 of the third year after the Commissioner’s appointment.

      (2)   The Board initially consisted of three Commissioners, who were appointed as follows: one to serve for a term expiring on January 1 of the year after the Commissioner’s appointment, one to serve for a term expiring on January 1 of the second year after the Commissioner’s appointment and one to serve for a term expiring on January 1 of the third years after the Commissioner’s appointment. Thereafter in January of each year, one member was to be appointed to serve for a term of three years.

      (3)   The two additional Commissioners to be appointed pursuant to this section shall be appointed for terms as follows: one to serve for a term expiring on January 1 of the year after the Commissioner’s appointment, and one to serve for a term expiring on January 1 of the second year after the Commissioner’s appointment. The terms of the additional Commissioners shall begin immediately upon their appointment. As the term of each additional Commissioner appointed pursuant to this section expires, his or her replacement shall be appointed to serve for a term of three years.

      (4)   Members of the Town Council may be appointed as Commissioners; provided however, that no more than one member of the Town Council may serve on the Board at any time, and provided further that the Town Council may not appoint a police officer employed by the town to serve on the Board. If a member of the Town Council is appointed to the Board, that Council member vacates his or her position as a Commissioner on the Board when that Commissioner is no longer a member of the Town Council.

      (5)   A Commissioner who is also a member of the Town Council shall not be required to give bond as otherwise required by division (E) below and by I.C. 36-8-9-3.1(f). A Commissioner who is also a member of the Town Council may not receive the compensation as a Commissioner otherwise provided by town ordinance or resolution and by I.C. 36-8-9-3.1(g).

   (C)   Removal of Commissioners. Each of the Commissioners shall be subject to removal by the Town Council for any cause which the Town Council considers sufficient.

   (D)   Oath of office. Before entering upon their duties, the Commissioners shall each take and subscribe an oath or affirmation of office by the Clerk of the Circuit Court of the county, that, in each and every appointment or removal to be made by them to or from the police force created and organized under the provisions of I.C. 36-8-9-1 et seq., they shall in no case and under no pretext appoint or remove any police officer or other person because of any political affiliation of the person, or for any cause or reason other than that of the fitness or unfitness of the person or other legally valid reason.

   (E)   Bond. The Commissioners shall each give bond in the penal sum of $5,000 payable to the state, conditioned upon the faithful and honest discharge of their duties, which bond shall be approved by the Town Council. The salary of the Commissioners shall be fixed by the Town Council, and shall be payable monthly out of the Treasury of the town.

   (F)   Rights and powers. The Commissioners shall serve as the appointing authority for the Police Department, and shall have and possess all of the rights, power and authority granted by I.C. 36-8-9-1 et seq., as the same is now in effect or as hereafter amended, and shall at all times act as the Safety Board of the town pursuant to I.C. 36-8-3-4 for the purposes of the suspension, demotion or dismissal of any member of the Police Department. Notwithstanding the foregoing, in the event the Board seeks to appoint or reappoint to the Police Department an individual who was previously employed by or is retired from the town’s marshal system or the Police Department of the town, the appointment or reappointment shall be subject to the final approval of the Town Council.

   (G)   Procedures. Rules of Procedure for the Board will hereafter be adopted by the Town Council to effectuate the purpose of the Board as set forth herein.

(Ord. 2001-5, passed 6-12-2001; Ord. 2008-12, passed 12-30-2008)

   (A)   Pursuant to I.C. 36-7-14-3, the Council hereby establishes the Town Department of Redevelopment (the “Department”), for the purposes of and to exercise the powers set forth in the Act or otherwise granted by law. The Department will be controlled by a board of five members to be known as the Town Redevelopment Commission (the “Redevelopment Commission”), two of whom shall be appointed by the Council and three of whom shall be appointed by the President of the Council.

   (B)   Each initial Commissioner, appointed in 2007, shall serve from the date of appointment to January 1, 2009. Each Commissioner appointed thereafter shall serve a one-year term from January 1 after his or her appointment. Any vacancy shall be filled in the same manner as the original appointment and the successor shall serve the remainder of the vacated term.

(Ord. 2007-10, passed 2-15-2007)

   Pursuant to I.C. 36-7-14.5-7, the Town Redevelopment Authority (the “Redevelopment Authority”) is hereby created as a separate body corporate and politic and as an instrumentality of the town for the purposes and to exercise the powers set forth in the Act or otherwise granted by law. The Redevelopment Authority shall be governed by a Board of Directors consisting of three members, each of whom shall be appointed by the executive of the town.

(Ord. 2010-17, passed 6-29-2010)

   (A)   The Town Council adopts the provisions of I.C. 36-10-3 establishing a Department of Parks and Recreation governed by a Board of Parks and Recreation and the establishment of a Parks District.

   (B)   The Town Council creates a special taxing district that includes all territory within the town's corporate boundaries as provided in I.C. 36-10-3-19.

   (C)   The Town Council establishes a Parks and Recreation Board which shall consist of four members (one member shall serve a one-year term or until their successor is appointed; one member shall serve a two-year term or until their successor is appointed; one member shall serve a three-year term or until their successor is appointed; and one member shall serve a four-year term or until their successor is appointed), each appointed on the basis of their interest in and knowledge of parks and recreation with not more than two of whom may be of the same political party, as provided in I.C. 36-10-3-4(c).

   (D)   The Town Council waives the requirement pursuant to I.C. 36-10-3-4.1(2) that not more than two of the four members of the Town Board be affiliated with the same political party as such waiver is necessary due to the absence of persons who are willing to serve on the Park Board and who satisfy any or all of the requirements.

   (E)   The Parks Advisory Council shall continue in existence as provided in I.C. 36-10-3-17.

   (F)   The members of the Parks and Recreation District shall receive the per diem reflected in the current year's salary ordinance per meeting attended.

(Ord. 2003-15, passed 12-9-2003; Ord. 2009-6, passed 11- -2009; Ord. 2022-06, passed 5-10-2022; Ord. 2022-25, passed 9-27-2022)

   (A)   The Town Council hereby establishes a department of economic development to be controlled by a commission known as Bargersville Economic Development Commission.

   (B)   After the adoption of this section, the Town Council President or his or her delegee is hereby authorized and directed to promptly notify the Johnson County Council in order to obtain one nomination for the Economic Development Commission.

   (C)   Any officer of the town is hereby authorized and directed, for and on behalf of the town, to execute and deliver any instrument or take any other action as the officer determines to be necessary or desirable to accomplish the purposes of this section, determination to be conclusively evidenced by the officer’s having executed the instrument or having taken such action, and any such officer’s having executed and delivered any such instrument or having taken any such action is hereby ratified and approved.

(Ord. 2013-21, passed 8-6-2013)

   (A)   There is hereby established pursuant to I.C. 33-36-1 et seq. (as currently in effect and hereafter amended) an Ordinance Violations Bureau;

   (B)   The Town Manager shall be the Violations Clerk.

   (C)   (1)   The Town Manager and his or her staff or designee shall accept, no later than seven days from the issuance of a notice of violation, the written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than $250 in ordinance violations cases, subject to the schedule of civil penalties adopted in this section, at the Bargersville Town Hall during the hours specified on the complaint or summons issued under the authority of this section.

      (2)   Civil penalties shall be paid to, receipted and accounted for by the Violations Clerk under procedures provided for by the Indiana State Board of Accounts. Payment of civil penalties under this section may be made in person or by mail to the Violations Clerk.

      (3)   A person(s) charged with an ordinance or code violation(s) is entitled to a trial before a court as provided by law, unless the person waives the right to a trial and enters an admission of the violation with the Violations Clerk. Upon such an admission, no later than seven days of the issuance of the notice of violation or summons, the Violations Clerk shall assess and receive from the violator(s) the amount prescribed by the schedule of civil penalties established and adopted in this section.

      (4)   If a person(s) charged with a violation under this section wants to exercise the right to a trial, the person shall appear before the Violations Clerk no later than seven days from the issuance of the notice of violation or summons and deny the violation or enter a written denial with the Violations Clerk.

      (5)   The Town Manager and his or her designee and any town police officer or other official or employee are authorized by a regulation of the town or state law to issue notices of violation for the violations of regulations and ordinances.

   (D)   Town ordinances and regulations identified in Schedule "A" attached to Ord. 2020-01 and made a part hereof, shall be within the jurisdiction of the Bureau. For some ordinances, second and subsequent violations, admissions or judgments for violation of some ordinances occurring within 12 months of any other violations, admissions or judgments will be subject to a greater civil penalty. (Where applicable those greater penalties for second and subsequent violations, admissions or judgments are listed to the right of the initial penalty for the first violation, admission or judgment).

   (E)   (1)   If a person(s) upon whom a notice of violation and summons is issued pursuant to this section does not bring an admission of violation and payment of the civil penalty or if a notice of violation of a Bureau ordinance issued pursuant to this section is not properly responded to in writing within seven days of the issuance of the complaint, the Bureau shall add a late charge of $5 per violation to the amount otherwise payable. After 30 days of the issuance of the complaint, the Bureau may accept admission of a violation or payment of the civil penalty in its discretion.

      (2)   Upon payment of any sum of money to the Bureau, as provided, the Violations Clerk shall issue a receipt to the person so paying. The Violations Clerk shall keep a record of all payments and shall account for all sums paid to the Bureau with a monthly report on the Bureau's activities showing the total number of complaints issued, including the dates of issuance and the number of such cases referred to the Town's Attorney who has initiated an action to prosecute the violation.

      (3)   If a person upon whom a complaint and summons is issued pursuant to this section fails to deny or admit a violation within 30 days, the Town Attorney may bring legal proceedings in a court of competent jurisdiction. Under such circumstances, if a judgment is rendered in favor of the town, court costs will be assessed in addition to any fine or other relief provided.

      (4)   If a person upon whom a complaint and summons is issued desires to challenge the ticket and assure that it will be kept under the jurisdiction of the Ordinance Violation Bureau, he or she must go to the Violations Clerk's office and expressly deny the violation or send a signed written statement indicating his or her denial to the Violations Clerk within 30 days of the issuance of the complaint. Under such circumstances, the Town Attorney will initiate legal proceedings in a court of competent jurisdiction.

      (5)   Any action taken pursuant to this section does not preclude the town from taking other legal action to enforce said ordinance or code provision, in lieu of issuing a complaint under this section, including but not limited to injunctive relief and recovery of damages.

      (6)   If a person denies an ordinance or code violation as set out herein, or fails to pay and satisfy the penalty after having entered an admission of violation, or fails to deny or admit the violation, the Clerk shall report this fact to the Town Attorney, who may then initiate an action to prosecute the violation.

(Ord. 2019-03, passed 1-29-2019; Ord. 2020-01, passed 1-20-2020)

Section

   (A)   The town hereby creates a position of Deputy Clerk-Treasurer, which Deputy Clerk-Treasurer is hereby authorized and empowered to carry out all functions of and be empowered with all powers of the Clerk-Treasurer and is authorized to act on behalf of the Clerk-Treasurer in the Clerk-Treasurer’s absence.

   (B)   The duly elected and authorized Clerk-Treasurer of the town is hereby empowered to employ and designate a person to act as Deputy Clerk-Treasurer.

(Ord. 1992-12, passed 10-13-1992)

   (A)   The following shall be conditions of employment required of all new employees of the Town Police Department.

      (1)   All new employees shall reside within 20 miles of the town limits of the town. Any new employee not so residing shall move to within seven miles of the town limits within one year after the date of his or her employment, and failure to do so shall be cause for discharge.

      (2)   All new employees must meet the minimum standards of the Law Enforcement Training Board, as amended and in effect from time to time, regarding acceptance of persons for law enforcement training. (The current regulations are found at 250 I.A.C. 1-3.)

      (3)   All new employees must successfully complete the Law Enforcement Academy’s pre-basic course before being employed by the Police Department. A person who has not successfully completed the Law Enforcement Academy’s pre-basic course will not be considered for employment by the Police Department.

      (4)   All new employees, who have not completed the Law Enforcement Academy’s basic course, will be on probation until they have completed the mandated requirements of the Law Enforcement Training Board. Failure to successfully complete the basic course shall be cause for discharge.

      (5)   All new employees shall undergo psychological testing.

      (6)   All potential new employees, after being offered employment, shall be given a pre-employment physical which shall include testing for drugs. Failure to successfully pass the pre-employment physical shall be cause for withdrawal of the offer of employment.

      (7)   All new employees that the town sends to the State Law Enforcement Academy to meet mandated basic training will be required to sign a four-year contract with the town.

   (B)   (1)   The contract referred to in division (A)(7) above shall contain, among other items, the provisions of division (B)(2) below, if the town is required to send the new employee to the State Law Enforcement Academy’s 12-week basic class.

      (2)   If after attending the State Law Enforcement Academy, a new employee resigns his or her position or is discharged for cause, the contract will have the following penalties: the new employee will owe to the town three weeks’ pay for each year of the four-year contract he or she does not complete. (For a year partially not completed, the three week’s owed will be prorated.) The three weeks’ pay owed shall be calculated at the rate of the new employee’s then current weekly salary. The obligation shall be evidenced by a promissory note, with provisions for attorney’s fees and other standard provisions.

      (3)   The term NEW EMPLOYEES, as used in this section, refers to sworn officers of the Town Police Department. It does not refer to any civilian employees of the Town Police Department.

(Ord. 1993-11, passed 12-14-1993; Ord. 1994-1, passed 1-11-1994; Ord. 1995-15, passed 11-14-1995; Ord. 2017-6, passed 2-28-2017)

   (A)   There shall be no reserve deputy marshals for the town. The appointment and authority of all present reserve deputy marshals of the town is hereby terminated, effective as of December 31, 1993, at 11:59 p.m.

   (B)   The Town Marshal is hereby authorized to appoint deputy marshals for the town. No more than five deputy marshals shall be so appointed. Each deputy marshal shall be subject to the orders of the Town Marshal and the Town Council and may be discharged by the Town Marshal pursuant to the powers set forth in the Indiana Code of 1971, under what is presently enumerated in I.C. 36-5-7-6.

   (C)   The Town Council shall regulate the amount of bond, compensation and term of service of the deputy marshals.

(Ord. 1993-12, passed 12-14-1993)

   (A)   There is hereby created the Town Deferred Compensation Plan (herein called “the Plan”), pursuant to I.C. 5-10-1.1.

   (B)   The Town Council hereby appoints the Town Clerk-Treasurer as the Administrator of the Plan, and authorizes him or her to make deductions from the pay of employees, who voluntarily participate, and to make other arrangements as are necessary to implement the Plan.

   (C)   The Clerk-Treasurer is authorized to execute a § 457 Deferred Compensation Plan Adoption and Services Agreement, and the Administrative Services Addendum thereto, with the Variable Annuity Life Insurance Company (“VALIC”).

   (D)   Other than the incidental expense of collecting the employees’ deferrals and other minor administrative matters, there is to be no cost to or contribution by the town to the Plan.

   (E)   The Town Council reserves the right at any time and from time to time to amend the Plan or terminate the Plan and have the accounts of participating employees distributed in conformity with the Internal Revenue Code and applicable regulations and in conformity with any other applicable federal and state laws and regulations.

(Ord. 2002-1, passed 1-8-2002)

   (A)   Pursuant to I.C. 3-8-5-2(a) and (c), the nomination of candidates for town office shall be:

      (1)   By primary election;

      (2)   By petition filed under I.C. 3-8-6; or

      (3)   If a primary election is not required under I.C. 3-8-5-10 for the political party or which the candidate is a member, by the candidate’s declaration for candidacy.

   (B)   The Clerk-Treasurer shall send a copy of this section to the County Circuit Court Clerk.

(Ord. 2008-3, passed 2-12-2008)

   (A)   The Board of Metropolitan Police Commissioners, at its discretion, may implement a police reserve officer program for the Police Department, pursuant to I.C. 36-8-3-20.

   (B)   The number of police reserve officers in the police reserve officer program shall not exceed ten police reserve officers at any one time.

   (C)   The police reserve officers shall be appointed by the Board. Police reserve officers may not be members of the regular Police Department (the “Department”) but shall have all of the same police powers as regular members of the Department, except as limited by the rules of the Department.

   (D)   The Department may adopt rules to limit the authority of police reserve officers.

   (E)   (1)   The Department shall furnish at the town’s expense the following items:

         (a)   Duty weapon.

         (b)   Department identification.

         (c)   Department badge.

         (d)   Body armor.

      (2)   All such items shall remain the property of the town.

   (F)   At the discretion of the Chief of Police and with the concurrence of the Metropolitan Board of Police Commissioners, to the extent that money is appropriated for the following item(s), police reserve officers may receive a uniform allowance.

   (G)   Police reserve officers are not eligible to participate in any pension program provided for regular members of the Department.

   (H)   A police reserve officer may not be appointed until he or she has completed the training and probationary period specified by rules of the Department.

   (I)   A reserve police officer appointed by the Department may not make an arrest, conduct a search or seizure of property, or carry a firearm; unless the police reserve officer successfully completes the pre-basic course under I.C. 5-2-1-9(f).

(Ord. 2011-8, passed 5-10-2011)

   (A)   A town employee who performs services that do not promote religion; or attempt to influence legislation or governmental policy; or attempt to influence election to public office; for the benefit of another governmental entity; or an organization that is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code; with the approval of the employee’s supervisor; and in compliance with a policy or regulation that is in writing and is issued by the executive officer of the governmental entity; and contains a limitation on the total time during any calendar year that the employee may spend performing the services during normal hours of employment, is considered to be performing duties related to the operation of the governmental entity; and the town employee may perform volunteer services that comply with state law during normal hours of employment, if the employee’s supervisor approves and the employee does not spend more than 25 hours in a calendar year performing the volunteer services.

   (B)   A town employee may not volunteer time to the town. Specifically, a town employee may not volunteer to do any activity that is related to the employee’s work for the town.

   (C)   A town employee shall not be expected to and shall not be obligated to volunteer for town activities.

   (D)   A town employee who chooses to not engage in volunteer activities that are town activities shall not be penalized directly or indirectly for choosing to not volunteer.

   (E)   A town employee who chooses to engage in volunteer activities that are town activities shall not be compensated, nor rewarded for volunteer activities in any manner different than a non-town employee.

   (F)   A town employee may only participate in volunteer services that do not result in overtime compensation.

(Ord. 2012-05, passed 8-7-2012)

   (A)   The town finds it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the town and in contracting with the town in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012.

   (B)   On July 1, 2012 the town shall have a nepotism and a contracting with a unit policy that complies with the minimum requirement of I.C. 36-1-20.2 (hereinafter “nepotism policy”) and I.C. 36-1-21 (hereinafter “contracting with a unit by a relative policy”) and implementation will begin.

   (C)   The town nepotism policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them a part thereof as if fully set out herein.

   (D)   The town contracting with a unit by a relative policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein.

   (E)   The town finds that both statutes specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed are necessary. Accordingly, any existing policy of the town, in whatever form (ordinance, employee handbook, and the like) that is more stringent or detailed shall remain in full force and effect.

   (F)   The town further finds that a single member of the Town Council cannot act for the Council to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the Council and therefore without the authority by the majority a single member of the Council will not be in the direct line of supervision.

   (G)   The town finds that a single member of other governing bodies of the town with authority over employees in the town cannot act for such a governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without the prior authority of a majority of the governing body, when a statute provides that a majority is needed to act, and therefore, without the authority by the majority the single member of the governing body will not be in the direct line of supervision.

   (H)   All elected and appointed officials and employees of the town are hereby directed to cooperate fully in the implementation of the policies created by this section and demonstrate compliance with these same policies.

   (I)   Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of either the nepotism policy or the contracting with unit by a relative policy may be subject to action allowed by law.

   (J)   The policies created by this section are hereby directed to be implemented by any of the following actions: a) posting a copy of this section in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees; b) providing a copy of this section to its employees and elected and appointed officials; c) providing or posting a notice of the adoption of this section; or d) any such other action or actions that would communicate the policies established by this section to its employees and elected and appointed officials. Upon taking any of these actions these policies are deemed implemented by the town.

(Ord. 2012-16, passed 6-12-2012)

   (A)   A longevity program is hereby adopted for eligible employees of the town.

   (B)   An "eligible police officer" is any police officer of the town who, as of the date of adoption of this section, is employed as (a) a regular full-time police officer of the town; (b) has been continuously employed as a police officer for a consecutive period of at least one calendar year; and (c) is employed as of the annual longevity date defined below. No other employee of the town is eligible for the longevity program.

   (C)   Longevity payments will be paid to eligible police officers annually on the first regularly scheduled payroll date of each November (the "longevity date"). Subject to the special provisions listed below, the gross amount of each annual reward will be equal to the number of the police officer's full calendar years of town employment multiplied by $100, up to a maximum of 20 years (i.e. $2,000). All monies that are paid out for the longevity program are subject to applicable tax withholdings.

      (1)   An employee whose status changes from full-time to part-time will not be eligible beginning on the first longevity date following the change in status. If any such employee later returns to full-time status, the employee will be eligible to receive longevity on the first longevity date following such return. In such cases, the employee’s reward will be calculated based on all full calendar years of service since their most recent date of hire.

      (2)   The longevity date for any eligible employee with a break in service (i.e., an employee who has more than one date of hire) is calculated based only on full calendar years of service since the most recent date of hire. The longevity program is specifically intended to reflect the town’s appreciation for employees who have remained with the town consistently over time, so prior periods of employment are not included in the calculation.

   (E)   The town reserves the right to alter or discontinue the longevity program at any time. Neither this section nor any aspect of the town’s longevity program creates any new right, claim, or obligation on behalf of the town or any town employee.

(Ord. 2019-08, passed 5-14-2019; Ord. 2022-33, passed 12-13-2022)

   (A)   The position of Town Manager for the Town of Bargersville, Indiana, is hereby created.

   (B)   The Town Council is authorized to employ a Town Manager for the town, pursuant to I.C. § 36-5-5, to be the administrative head of the town government.

   (C)   The Town Manager shall serve at the pleasure of the Town Council.

   (D)   The Town Manager shall be paid an annual compensation to be determined by the Town Council, payable in the same manner as other employees of the town. The Town Manager shall be a full-time salaried employee of the town.

   (E)   Unless provided otherwise by written order, resolution or ordinance of the Town Council, the Town Manager shall have the powers and duties set forth in I.C. § 36-5-5-8 and as described in Exhibit A attached to Res. 2019-03 and which is incorporated by reference as if laid out herein in full.

   (F)   The Town Council shall have the power to repeal, amend or otherwise modify this section; provided, however, that no such modification shall impair the vested contract rights, if any, of the Town Manager holding the position at the time of such modification.

(Res. 2019-03, passed 6-17-2019)

Section

   (A)   (1)   A fee of $5 shall be charged for a copy of an accident report. However, a victim of a crime shall not be required to pay for a copy of an accident report.

      (2)   A fee of $5 shall be charged for motor vehicle inspections performed by the Town Police Department.

   (B)   All fees collected pursuant to this section shall be deposited in the Local Law Enforcement Continuing Education Fund.

(Ord. 1996-6, passed 5-14-1996)

   (A)   This section is adopted pursuant to I.C. 36-5-4-12.

   (B)   Notwithstanding I.C. 5-11-10, the Town Clerk-Treasurer or Deputy Clerk-Treasurer may make claim payments in advance of the Town Council’s allowance for the following types of expenses:

      (1)   Property or services purchased or leased from:

         (a)   The United States government; or

         (b)   An agency or a political subdivision of the United States government.

      (2)   License fees or permits fees;

      (3)   Insurance premiums;

      (4)   Utility payments or utility connection charges;

      (5)   Federal grant programs if:

         (a)   Advance funding is not prohibited; and

         (b)   The contracting party provides sufficient security for the amount advanced.

      (6)   Grants of state funds authorized by statute;

      (7)   Maintenance agreements or service agreements;

      (8)   Lease agreements or rental agreements;

      (9)   Principal and interest payments on bonds;

      (10)   Payroll;

      (11)   State, federal and/or county taxes;

      (12)   Expenses that must be paid because of emergency circumstances;

      (13)   Expenses described in an ordinance; and

      (14)   Expenses on revolving credit accounts that may incur late fees, increased interest rate or otherwise do harm to credit rating for late payments.

      (15)   Expenses for which a discount is available if paid before the next regular meeting of the Town Council.

   (C)   Each payment of expenses under this section must be supported by a fully itemized invoice, statement or bill and certification by the Clerk-Treasurer or Deputy Clerk-Treasurer.

   (D)   The Town Council shall review and allow the claim at the Town Council’s next regular meeting following the pre-approved payment of the expense.

(Ord. 2000-4, passed 4-11-2000; Ord. 2011-19, passed 9-13-2011)

   (A)   A fee of $5 shall be charged for a copy of a crash report. However, a victim of a crime where a crash report is used shall not be required to pay for a copy.

   (B)   All fees collected pursuant to this section shall be deposited in the Local Law Enforcement Continuing Education Fund.

(Ord. 2001-6, passed 6-12-2001)

   (A)   A fee of $5 shall be charged for a copy of a photograph.

   (B)   A fee of $50 shall be charged for a copy of a VCR tape.

   (C)   All fees collected pursuant to this section shall be deposited in the Local Law Enforcement General Fund.

(Ord. 2001-8, passed 8-14-2001)

   (A)   The town utility municipality shall hereby be authorized to obtain a credit card (charge card) at First Bank with offices located in the town, which card may be either a Visa card or a Mastercard. The charge card/account will be paid in full every billing cycle. The town cannot pay any interest charge of the accounts. Charges made on a credit card that is lost while in the possession of an employee may be billed to that employee up to a $50 limit. The issuance of credit cards to traveling employees is a privilege and a convenience to those employees. If the town’s credit card policy is abused or otherwise proves unworkable, this privilege may be discontinued.

   (B)   The issuance of the credit card shall be to the utility’s municipality and which use shall be handled by the Town Clerk-Treasurer and/or the Town Utility Superintendent.

   (C)   The purpose for which the credit card will be issued is for the purchase of items for training, meals, hotels and other out-of-town and travel expenses necessitated by the attendance by various employees of the town utilities at seminars and training sessions; and that the credit card shall be returned, after its purpose has been accomplished, to the custody of the responsible person, namely, the Town Clerk-Treasurer and/or the Utility Superintendent.

   (D)   The responsible persons, namely the Town Clerk-Treasurer and/or the Utility Superintendent, shall maintain an accounting system or log which should include the names of the individuals requesting usage of the credit card, their position, estimated amount to be charged, fund and account numbers to be charged, and the dates the card is issued and returned.

   (E)   The use of the credit card shall never be utilized to by-pass the foregoing accounting system; and payment should not be made solely on the basis of statement or credit card slip only, but supporting documentation, such as paid bills and receipts, must be also provided.

   (F)   An annual fee may be paid for the credit card, if necessary, and is hereby authorized by this section; and any receipt, check or accountable item which has be voided should be retained for audit purposes.

(Ord. 2002-9, passed - -2009)

      (1)   No quote or bid process required (I.C. 5-22-8). Purchasing agent may make a purchase of less than $50,000.00, without formal quotes or bids subject to division (C) (see administrative policy - purchasing policies and procedures).

      (2)   All purchases are considered operational and should be purchased by the purchasing agent within their budget constraints subject to division (C). Except for the following items where the purchasing agent must obtain approval from the Town Council prior to making the purchase:

         (a)   Expansions (or add on's) to existing assets, over $2,500.

         (b)   Assets includes everything owned by the town or utilities.

         (c)   All vehicles and/or movable equipment over 500 lbs. (for both replacement and expansions), over $2,500.

      (1)   Issue invitation for bids.

      (2)   Invitations must meet public notice requirements (I.C. § 5-3-1 notices).

      (3)   Open bids publicly, a contract must be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder. Bids may not be changed substantively after they have been submitted (in price or provisions). The purchasing agency must maintain the name of each bidder and the bid amount and such other information required by state law or local rules for public inspection after award.

(Ord. 2013-5, passed 3-5-2013; Am. Ord. 2018-03, passed 2-22-2018)

   A fund is established for the purpose of taking donations and contributions or anything else to promote the town. The funds collected under this section may be used for all town events up to and including car shows, festivals and any other events, activities or expenditures that promote the town not specifically prohibited by law. This fund shall be subject to the same appropriation process as other municipal funds.

(Ord. 2014-07, passed 5-27-2014)

   (B)   In order to implement these standards, the Town Clerk Treasurer shall certify in writing that personnel as defined in statute have received the required training. All officers, elected officials and employees are required to comply with the policy. Employees who fail to comply with this policy are subject to discipline, including but not limited to, termination of their employment.

(Ord. 2016-13, passed 5-31-2016)

   (A)   For the use of special events of the town, a cash drawer fund of $500 is established, which shall be known as “Parks Department, Cash Drawer #1.”

   (B)   One warrant of $500 shall be drawn on the appropriate fund of the town in favor of the Parks Director to establish the cash change funds, without need for an appropriation to be made for such funds.

   (C)   The Parks Director shall convert the warrant to cash, shall use the cash to make change when collecting cash revenues, and shall account for the cash in the same manner as is required for other funds of the town.

   (D)   The Town Council shall require the cash change funds to be returned to the appropriate fund whenever there is a change in the department or if the funds are no longer needed.

(Res. 2024-05, passed 6-11-2024)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CLERK-TREASURER. The Clerk-Treasurer of the Town of Bargersville.

   REPURCHASE AGREEMENT. An agreement:

      (1)   Involving the purchase and guaranteed resale of securities between two parties; and

      (2)   That may be entered into for a fixed term or arranged on an open or a continuing basis as a continuing contract that:

         (a)   Operates like a series of overnight repurchase agreements;

         (b)   Is renewed each day with the repurchase rate and the amount of funds invested determined daily; and

         (c)   For purposes of this subchapter, is considered to have a stated final maturity of one day.

   TOWN. The Town of Bargersville, and all utilities operated by it.

   TOWN COUNCIL. The Town Council of Bargersville.

(Ord. 2009-4, passed 4-14-2009)

   (A)   There is hereby established the Treasury of the town.

   (B)   The Town Treasury is composed of the following:

      (1)   All moneys collected by the town under any law of this state or of the town providing for the collection of revenue for lawful public purposes;

      (2)   All moneys borrowed on the credit of the town by the Town Council, the Clerk-Treasurer or any other authorized agent of the town;

      (3)   All moneys derived from the sale of property belonging to or held in trust by the town;

      (4)   All moneys and securities belonging to, lent to or held in trust by the town, where no other disposition of them is required by law;

      (5)   All income derived in any manner from any money or property specified in this section;

      (6)   Every fee, perquisite or bonus received by any public officer or employee in the discharge of his or her duties;

      (7)   All moneys appropriated to the payment of any part of the interest on the public debt; and

      (8)   All moneys from any source paid, belonging, or accruing to the town for the use of the town or to a town fund for any purpose.

   (C)   The Town Treasury shall be divided into the General Fund and other funds as are created by statute or by ordinance.

   (D)   The General Fund consists of all moneys paid into the Town Treasury, which are not by operation of a statute, ordinance or requirement of the donor dedicated to another fund or for another purpose.

(Ord. 2009-4, passed 4-14-2009)

   (A)   The town, through its Clerk-Treasurer may deposit public funds in a financial institution only if the financial institution is a depository eligible to receive state funds.

   (B)   The Clerk-Treasurer shall deposit funds not later than the business day following the receipt of funds on business days of the depository in depositories designated in this subchapter, according to the following:

      (1)   All financial institutions located in the corporate boundaries of the town are approved to serve as public depositories of the town as long as the financial institution is also listed as an approved as depository of state funds, and satisfies the provisions of division (A) above; and

      (2)   Public funds deposited under this subchapter shall be deposited in the same form in which they were received.

   (C)   Any depository designated under this subchapter may resign as a depository and relinquish all public funds on deposit with the depository. The resignation is effective after 30 days notice in writing to the State Board of Finance and after settlement with the Clerk-Treasurer for all public funds on deposit with the depository.

(Ord. 2009-4, passed 4-14-2009)

   (A)   Except as provided in I.C. 5-13-9-2.5, in addition to any other statutory power to make investments, the Clerk-Treasurer as Fiscal Officer of the town, under the guidelines herein established, and policies that the Fiscal Officer may issue and reduce to writing, may invest any funds held by the Fiscal Officer in accordance with I.C. 5-13-9.

   (B)   The funds that may be invested under I.C. 5-13-9 and this subchapter include money raised by bonds issued for a future specific purpose, sinking hands, depreciation reserve funds, gift, bequest or endowment, funds described in § 33.16 above, and any other funds available for investment.

   (C)   Nothing in this subchapter shall be construed to be in derogation of the authority of the Clerk-Treasurer as set forth in I.C. 36-5-6-6.

(Ord. 2009-4, passed 4-14-2009)

   (A)   The Clerk-Treasurer as Fiscal Officer of the town may invest or reinvest any funds that are held by the officer and available for investment in any of the following:

      (1)   Securities backed by the full faith and credit of the United States Treasury or fully guaranteed by the United States and issued by any of the following:

         (a)   The United States Treasury;

         (b)   A federal agency;

         (c)   A federal instrumentality; and

         (d)   A federal government sponsored enterprise.

      (2)   Securities fully guaranteed and issued by any of the following:

         (a)   A federal agency;

         (b)   A federal instrumentality; and

         (c)   A federal government sponsored enterprise.

   (B)   If an investment under division (A)(1) above is made at a cost in excess of the par value of the securities purchased, any premium paid for the securities shall be deducted from the first interest received and returned to the fund from which the investment was purchased, and only the net amount is considered interest income.

   (C)   The Clerk-Treasurer may sell any securities acquired and may do anything necessary to protect the interests of the funds invested, including the exercise of exchange privileges which may be granted with respect to maturing securities in cases where the new securities offered in exchange meet the requirements for initial investment.

   (D)   The Clerk-Treasurer is the legal custodian of securities under this subchapter. The Clerk-Treasurer shall accept safekeeping receipts or other reporting for securities from:

      (1)   A duly designated depository as prescribed in I.C. 5-13; or

      (2)   A financial institution located either in or out of the state having custody of securities with a combined capital and surplus of at least $10,000,000 according to the last statement of condition filed by the financial institution with its governmental supervisory body.

   (E)   The Clerk-Treasurer may invest or reinvest funds that are held by the officer and available for investment in investments commonly known as money market mutual funds that are in the form of securities of or interests in an open-end, no-load, management-type investment company or investment trust registered under the provisions of the federal Investment Company Act of 1940, as amended (15 U.S.C. §§ 80a et seq.).

      (1)   The investments described in this division may not exceed 50% of the funds held by the officer and available for investment.

      (2)   The investments described in this division shall be made through depositories designated by the State Board of Finance as depositories for state: deposits under I.C. 5-13-9.5.

      (3)   The portfolio of an investment company or investment trust described in this division must be limited to the following:

         (a)   Direct obligations of the United States;

         (b)   Obligations issued by any of the following:

            1.   A federal agency;

            2.   A federal instrumentality; or

            3.   A federal government sponsored enterprise.

         (c)   Repurchase agreements fully collateralized by obligations described in division (E)(3)(a) or (E)(3)(b) above.

      (4)   The form of securities of or interests in an investment company or investment trust described in division (E)(3) above must be rated as one of the following:

         (a)   AAAm, or its equivalent, by Standard and Poor’s Corporation or its successor; or

         (b)   Aaa, or its equivalent, by Moody’s Investors Service, Inc. or its successor.

      (5)   The form of securities in an investment company or investment trust described in division (E)(4)(a) above is considered to have a stated final maturity of one day.

   (F)   The Clerk-Treasurer may enter into, with any funds that are held by the Clerk-Treasurer and available for investment, repurchase agreements:

      (1)   With depositories designated by the State Board of Finance as depositories for state deposits under I.C. 5-13-9.5; and

      (2)   Involving the town’s purchase and guaranteed resale of any interest-bearing obligations: issued; or fully insured or guaranteed, by the United States, a United States government agency, an instrumentality of the United States or a federal government sponsored enterprise. The depository shall determine daily that the amount of money in this type of agreement must be fully collateralized by interest-bearing obligations as determined by their current market value. The collateral for this type of agreement is not subject to the provisions of I.C. 5-13-9-2(c).

         (a)   If the market value of the obligations being held as collateral falls below the level required under this division (F) or a higher level established by agreement, the depository shall deliver additional securities to the town to make the agreement collateralized to the applicable level. The collateral involved in a repurchase agreement entered into under this division (F) is not subject to the maturity limitation provided in I.C. 5-13-9-5.6.

         (b)   The Clerk-Treasurer may invest in repurchase agreements without entering into a contract under I.C. 5-13-11 for an investment cash management system.

   (G)   The Clerk-Treasurer may invest or reinvest any funds that are held by the Clerk-Treasurer and available for investment in obligations issued, assumed or guaranteed by the International Bank for Reconstruction and Redevelopment or the African Development Bank.

   (H)   The Clerk-Treasurer may invest or reinvest any funds that are held by the Clerk-Treasurer and available for investment in participation in loans, pursuant to the provisions of I.C. 5-13-9-3.5.

   (I)   The Clerk-Treasurer may deposit, invest or reinvest any funds that are held by the Clerk-Treasurer and available for investment in transaction accounts issued or offered by a designated depository of the town for the rates and terms agreed upon periodically by the Clerk-Treasurer and the designated depository.

   (J)   (1)   The Clerk-Treasurer may deposit, invest or reinvest any funds that are held by the officer and available for investment in certificates of deposit issued or offered by a designated depository of the town.

      (2)   The Clerk-Treasurer making a deposit in a certificate of deposit shall obtain quotes of the specific rates of interest for the term of that certificate of deposit that each designated depository will pay on the certificate of deposit. Quotes may be solicited and taken by telephone. A memorandum of all quotes solicited and taken shall be retained by the Clerk-Treasurer as a public record of the town under I.C. 5-14-3. A deposit made under this division (J) shall be placed in the designated depository quoting the highest rate of interest. If more than one depository submits a quote of the highest interest rate quoted for the investment, the deposit may be placed in any or all of the designated depositories quoting the highest rate in the amount or amounts determined by the Clerk-Treasurer, in the Clerk-Treasurer’s discretion.

      (3)   If all of the designated depositories of the town decline to issue or receive any deposit account, or to issue or receive the deposit account at a rate of interest equal to the highest rate being offered other investors, investments may be made in the deposit accounts of any financial institution designated for state deposits as a depository by the State Board of Finance under I.C. 5-13-9-5.

   (K)   The Clerk-Treasurer may invest in certificates of deposit of depositories that are not designated depositories if authorized by ordinance or resolution of the Town Council and pursuant to the provision of I.C. 5-13-9-5.

   (L)   The Clerk-Treasurer may participate in joint investment funds as authorized in and according to the provisions of I.C. 5-13-9-10.

(Ord. 2009-4, passed 4-14-2009)

   Except for investments allowed under I.C. 5-13-9-5-6(f) or (g), any investment made under the authority of this subchapter must have a stated final maturity of not more than two years after the date of purchase or entry into a repurchase agreement.

(Ord. 2009-4, passed 4-14-2009)

   (A)   All interest derived from an investment made under the authority granted by § 33.19(F) above shall be deposited, except as otherwise provided by law, in the General Fund of the town or in any other fund the Town Council designates specifically or by written ordinance, policy or instruction of the Clerk-Treasurer, subject to the modifications and limitations in this section.

   (B)   Interest from the following investments shall be receipted as follows:

      (1)   Interest from investments of funds of the town that are traceable to United States government funds must be receipted to the fund of which they are a part, if required by federal law or regulation; and

      (2)   Interest from investments of funds controlled by court orders must be receipted to that fund unless otherwise designated by the court order.

   (C)   The Clerk-Treasurer may apply the interest derived from the investment of the proceeds from bonded indebtedness or local tax levies to the appropriate redemption bond interest or sinking fund for the bonded indebtedness, subject to the terms of the relevant bond ordinance or resolution.

   (D)   If meter deposits of a town-owned utility are invested, the interest earned on the investment may be applied to and used in the Operation or Depreciation Fund of the town utility as determined by the Town Council or by written policy or instruction of the Clerk-Treasurer.

   (E)   Interest from the investment of the public funds of the town may not be paid personally or for the benefit of any public officer.

(Ord. 2009-4, passed 4-14-2009)

   Any authorized service charge or fee imposed by a public depository must be considered in the computation of the interest rate for determining which depositories are entitled to investments as prescribed by § 33.19(J) and (K) above. If the total service charge cannot be computed before the investment, the Clerk-Treasurer shall estimate the service charge and adjust the interest rate based on this estimate. The service charge may be paid by direct charge to the deposit or other account or in any other manner mutually agreed upon by the Clerk-Treasurer and the depository.

(Ord. 2009-4, passed 4-14-2009)

   The Clerk-Treasurer may not:

   (A)   Purchase securities on margin; or

   (B)   Open a securities margin account for the investment of public funds.

(Ord. 2009-4, passed 4-14-2009)

   Chapter

      50.   GENERAL PROVISIONS

Section

   (A)   Fees are hereby established for the electric utility, storm water utility, wastewater utility and water utility, as set forth below.

      (1)   Town electric utility.

         (a)   The following review fee will be collected when the developer submits an agreement for utility review for commercial and/or subdivisions:

            Electrical preparation and design: $520.

            Preparation and design of the electrical distribution system layout of facilities for development by town’s electrical engineer. The preparation and design fee of $520 is for four hours. Projects requiring more than four hours of preparation and design due to their complexity shall be assessed additional preparation and design fees at the rate of $130 per hour.

         (b)   The developer is responsible for paying 100% of the total materials and installation of the project. An agreement must be signed before any construction or installation can begin.

         (a)   The following review fees will be collected when the developer submits the application for drainage review for commercial and/or subdivisions:

 

 

         (b)   The preliminary drainage review fee of $130 is for one hour of review of drainage plans and calculations. Projects requiring more than one hour of preliminary drainage review, due to their complexity and/or deficiency in design or submittal, shall be assessed additional preliminary drainage review fees at the rate of $130 per hour.

         (c)   The final drainage review fee of $520 is for four hours of review of erosion control plans, drainage plans and calculations. Projects requiring more than four hours of final drainage review, due to their complexity and/or deficiency in design or submittal, shall be assessed additional final drainage review fees at the rate of $130 per hour.

         (d)   The plot plan drainage review fee will be collected when a builder submits the application for drainage approval for single and double family dwelling.

         (e)   Specific requirements for this procedure can be found in the Department of Storm Water Management’s Drainage Manual, which can be downloaded from the storm water page of the town’s website at www.townofbargersville.org, or in paper form by contacting the utility office.

      (3)   Town wastewater utility. The following review fees will be collected when the developer submits construction plans for commercial and/or subdivisions:

 

 

         Construction plan engineering review fee: $520.

         The review fee of $520 is for four hours of review. Projects requiring more than four hours of review, due to their complexity and/or deficiency in design or submittal, shall be assessed additional review fees at the rate of $130 per hour.

   (B)   (1)   Utility review fees form for an agreement between the developer/contractor and the town, Exhibit E to Ordinance 2014-28, incorporated by reference as if set forth in full herein. Copies can be obtained by contacting the utility office.

      (2)   Inspection services form for an agreement between the developer/contractor and the town, Exhibit F to Ordinance 2014-28, incorporated by reference as if set forth in full herein. Copies can be obtained by contacting the utility office.

   (C)   The Town Council reserves the right to implement additional fees, to increase fees and/or to otherwise amend or repeal this section at any time and from time to time.

   (D)   All fees must be paid in full prior to construction.

   (E)   Final plats regarding various utility matters will be accepted once all fees, appropriate financial guarantees, transfer of ownership and as-builts for completed utilities and all legal documents have been submitted. Developer will be required to post a three-year financial guarantee for 25% of the total project cost at the time of transfer of ownership, and prior to the final acceptance by the town.

(Ord. 2008-2, passed 2-12-2008; Ord. 2014-28, passed 12-23-2014; Ord. 2019-01, passed 1-29-2019)

   (A)   The town water utility will have non-recurring charges as follows:

 

   (B)   The town electric utility will have non-recurring charges as follows:

 

   (C)   All administration charges, other charges and utility bills shall be paid at the Town Hall. Under no circumstances will utility employees collect the administration fee, other charges or past due bills from customers at any place other than the Town Hall.

(Ord. 2009-7, passed 7-14-2009; Ord. 2015-14, passed 6-23-2015; Ord. 2015-19, passed 8-29-2015; Ord. 2018-24, passed 9-11-2018; Ord. 2019-10, passed 7-30-2019)

   (A)   Any utility refund under $5 will be deposited into the Town General Fund.

(Ord. 2012-12, passed 6-6-2012)

   (A)   The customer shall furnish the utility a satisfactory location for and provide safe access to the utility's meters and other equipment necessary to provide and measure service, and shall also furnish the utility the rights on, over or under the customer's premises necessary to install, operate and maintain the utility's other facilities required to supply service to the customer. The utility reserves the right to make the final decision as to the location of the meter on the customer's premises.

   (B)   When the customer is not the owner of the premises and/or of the adjacent premises, the customer shall furnish the utility with satisfactory easements for the location of the utility's facilities on the premises and/or on the adjacent premises. The customer must consult with the utility prior to obtaining the easements.

   (C)   When the utility's transformers, meters or other facilities are to be installed indoors on the customer's premises, the customer shall furnish, without cost to the utility, suitable room or vault for housing the equipment; provided, however, that the utility shall reserve the right to make the final decision as to the location of the room or vault. The space shall meet the requirements of the National Electrical Code, any Federal, state or local laws or regulations, and any policies of the utility in effect at the time of the installation.

   (D)   At its sole option, the utility may change the location of any or all of its facilities upon request of the customer, provided that:

      (1)   The change will not interfere with or jeopardize the utility's service either to the customer requesting the change or to other customers of the utility, and the customer may be required to bear the expense of the change.

      (2)   The customer shall provide reasonable protection from loss or damage to the utility property and may be liable to the utility in the event of loss or damage caused by the negligence of the customer or any agent or employee of the customer.

   (E)   The customer shall not disconnect, change connections, damage, destroy, uncover or otherwise interfere with the utility's meters or other property, and shall be responsible to the utility for permitting anyone who is not an agent or employee of the utility to tamper with the utility's property. Violations of this provision will result in:

      (1)   A disconnection of service;

      (2)   A reconnection charge;

      (3)   Charges for the cost of repairing or replacing the affected meter(s); and

      (4)   The filing of a police report pursuant to the rights and responsibilities of customers of bargersville utilities, in accordance with the non-recurring utility charges set out in Bargersville Code § 50.03 and in accordance with applicable Indiana state statutes and regulations.

   (F)   All facilities installed by the utility shall be and remain the property of the utility unless a contract expressly otherwise provides, and utility shall operate and maintain its property.

   (G)   Properly authorized employees or agents of the utility shall have the right and the means to enter upon the customer's premises at all reasonable times for the purpose of meter reading, inspecting, testing, maintaining, operating or replacing any or all of the utility's property used in supplying any service to the customer.

   (H)   Upon termination of a contract or discontinuance of service, the utility shall have the right to remove all of its property from the customer's premises.

(Ord. 2018-25, passed 9-11-2018)

   This pamphlet explains your rights and responsibilities as a customer of Bargersville utilities (utility). It is provided to all new utility customers. We hope you find it helpful. We suggest that you keep it readily available for future reference. If you have any questions or need additional information regarding our services, please contact the utility office. You may reach us at 317-422-5115 or 317-422-3160 or online at Town of Bargersville website - www.townofbargersville.org. Our main office is located at 24 N Main Street, Bargersville, Indiana.

   Each applicant for electric, water, sewer and/or storm water service will be required to complete and sign the appropriate application form; forms are located on the Town of Bargersville website and can be filled out online. Forms can also be obtained at the main office. The application is considered an agreement to abide by all ordinances, rules, regulations, and conditions applying to electric, water, sewer and/or storm water service with every person, firm, organization, corporation, or other entities supplied with utility service from the Town of Bargersville. Every applicant is considered to have consented to be bound by this agreement.

   A bill for utility services will be mailed each month; a billing month consists of approximately 30 days. Utility service(s) are based on the number of kWh and/or gallons used that register through the meter(s) for electric, and water; sewer is billed based on number of gallons of water used; storm water and fire protection surcharge is a flat rate fee each. If a customer does not have water service with Bargersville, but does have connection to the sewer service, a flat monthly fee applies. Contact the utility for more information on this fee. The bill will be mailed on the last business day of each month. Bills are due on the fifteenth of the next month; if the due date falls on a weekend or holiday the bills will be due the next business day after the fifteenth. A penalty will be added to any bill that has not been paid on or before the due date. To avoid a penalty, payments must be received by the end of the business day (4:30 p.m. EST) on the due date.

   Customer meters are read each month. Exceptions, such as inclement weather, locked gates/doors, etc., can occur that result in missed meter readings. If/when a meter reading is missed, a bill is issued and sent to the customer based on an estimated amount of kWh and/or gallons used during that billing period. Bills based on an estimated amount are clearly marked with an "E" which stands for "estimated". If the actual usage is higher or lower than the amount shown on an estimated bill, the difference will be reflected on the first bill after an actual meter reading is obtained.

   (A)   If utility service has been disconnected for nonpayment, the following will be required before service is reconnected:

   For each returned check/bank draft ACH:

   A customer may register a complaint and request a conference to discuss issues pertaining to any utility service; except for service disconnection. The complaint must be made in writing and submitted at the main office. We will investigate your complaint and notify you in writing of our proposed disposition of the matter. No service will be disconnected for at least ten business days after the utility has mailed this notice of disposition.

   All specifications on electric and water services for the utility customers are available at the main utility office and online at the Town of Bargersville website.

   The customer (not the utility) is the owner of part of the facilities used to supply utility services. The utility is not responsible for the inspection, maintenance and/or repair of customer owned facilities. The customer owns the following facilities:

   All facilities installed by the utility shall be and remain the property of the utility unless a contract expressly otherwise provides.

Section

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   GARBAGE. All organic household waste, offal, animal and vegetable matter prepared or intended use of food, condemned foodstuffs and materials, and substance, materials and things ordinarily disposed of in containers and incinerators by hotels, restaurants, stores, hospitals, apartment houses and private dwellings.

   LOT or PARCEL OF REAL ESTATE. Includes, in addition to those grounds within their respective boundaries, all of the grounds lying to the center of the street or alley where the street or alley is not improved, nor dedicated to the town.

   OTHER WASTE AND RANK ELEMENTS. Any junk, rubbish, debris; and bush, brush or shrub, low treelike and thickly branching which have not been planted, but come forth naturally; which is harmful to the general public health and welfare or detracts from appearance and sanitary safety of the neighborhood.

   TRASH. All rubbish and refuse including, but not limited to, glass bottles and containers, broken glass, beer and soft drink cans, rubber products, metals, rags, weeds, tree toppings, grass and leaves.

(Ord. 1992-8, passed 10-13-1992)

   (A)   It shall be unlawful for any owner, occupant or lessee of any lot within the corporate limits of the town to allow, suffer or permit any garbage, trash or other waste and rank elements to be deposited on, grow on or remain on any such lot.

   (B)   Whenever and wherever garbage, trash or other waste and rank elements exist on any lot within the corporate limits of the town, the same shall be a nuisance and a violation of this chapter.

(Ord. 1992-8, passed 10-13-1992) Penalty, see § 51.99

   (A)   It shall be the duty of the Director of Development and/or Director of Development's designee(s). to inspect from time to time the various real estate lying within the corporate limits of the town, and if it is found that garbage, trash or other waste and rank elements are on the lots, it shall be the Director of Development and/or Director of Development's designee(s) duty to ascertain the names of the owners, occupants or lessees of the property and notify the owners, occupants or lessees, in writing, that the garbage, trash or other waste and rank elements shall be removed or otherwise destroyed within 14 calendar days after service of the notice. Notice shall be sent to the owner of record as the name and address appears on the tax statement from the County Treasurer's Office, by certified mail and/or regular mail. Notice shall be given by mailing to occupants or lessees, if any, by certified mail and/or regular mail, by personal service or by leaving a copy of the notice at a residence if there is a residence on the lot.

   (B)   If notice cannot be given to the owner by certified or regular mail, the Director of Development and/or Director of Development's designee(s) shall give notice by publication in a newspaper of general circulation in the county at least once each week for two successive weeks.

(Ord. 1992-8, passed 10-13-1992; Ord. 2014-09, passed 6-10-2014; Ord. 2018-18, passed 5-29-2018)

   If any owner, occupant or lessee of any lot shall fail to remove or abate the garbage, trash or other waste and rank elements after receiving notice, it shall be the duty of the Director of Development or Director of Development's designees to cause the same to be removed or otherwise abated pursuant to either § 51.05 below.

(Ord. 1992-8, passed 10-13-1992; Ord. 2014-09, passed 6-10-2014; Ord. 2018-18, passed 5-29-2018)

   (A)   The Director of Development or Director of Development's designees, through town employees or contractors hired by the town, may enter the lot to abate the violation of this chapter.

   (B)   After the Director of Development or Director of Development's designees has effected the removal of the nuisance, the Director of Development or Director of Development's designees shall prepare a sworn statement showing the cost of the work performed and shall bill the owner of record. The bill shall be due and payable at the time of receiving statement in the minimum amount of $50.

   (C)   If the full amount due to the town is not paid by the owner within 90 days after the work has been performed, as provided in division (B) above, then and in that case, the Director of Development or Director of Development's designees shall cause to be recorded in the County Recorder's Office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done.

      (1)   The recordation of the sworn statement shall constitute a lien on the property, and it shall remain in force and effect for the principal amount due, plus interest computed in the manner and amount allowed by law for unpaid real estate taxes, plus costs of for collection if any, until final payment has been made.

      (2)   The costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further shall be subject to a delinquent penalty the same as real estate taxes in the event same are not paid in full on or before the date the tax bill on which the charges appear becomes delinquent.

      (3)   A sworn statement recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and it shall be full notice to every person concerned that the property designated or described in the statement is subject to a lien and the same is due and collectible as provided by law.

(Ord. 1992-8, passed 10-13-1992; Ord. 2014-09, passed 6-10-2014; Ord. 2018-18, passed 5-29-2018)

   Any person who fails to remove or abate the garbage, trash or other waste and rank elements, after receiving notice within the time prescribed in the notice given pursuant to § 51.04 above, shall be fined a sum not exceeding $250; provided, however, that the Town Council in addition, may cause the nuisance to be abated in any manner authorized by law, including an action pursuant to I.C. 36-8-2-4 and the institution of an action to abate a nuisance in a court of competent jurisdiction.

(Ord. 1992-8, passed 10-13-1992; Ord. 2019-03, passed 1-29-2019; Ord. 2020-01, passed 1-28-2020)

Section

   (A)   The rates and charges set forth in § 52.02(A) through (D) below shall be implemented in two phases designated as “Phase I” and “Phase II”, respectively. Phase I and Phase II rates and charges will become effective upon the occurrence of the following events: Phase I rates and charges shall become effective upon the approval of the Commission of the rates and charges set forth herein and the filing of the tariff with the Commission reflecting those rates and charges. Phase I rates and charges shall be in effect until the project has been completed, as determined by the Town Council with the advice of the town’s financial advisor (“Project Completion”). Phase II rates and charges shall become effective upon project completion and shall remain in effect thereafter.

   There shall be and there are hereby established for the use of and the service rendered by the water utility, the following rates and charges:

 

 

 

 

 

 

 

   The Town Council hereby elects to receive payments in lieu of property taxes.

(Ord. 2004-1, passed - -2004)

   The Town Council hereby elects to earn a reasonable return on the water utility plant.

(Ord. 2004-1, passed - -2004)

   If the rates and charges set forth herein shall be adjusted in accordance with the proceedings before and pursuant to the order of the Commission, including any true-up of the rates, rates and charges, as adjusted, shall become effective without further action of the Town Council, upon the tariff being approved by the Commission. A file-stamped copy of the approved tariff shall be attached to this chapter before this chapter is filed in the permanent records of the town.

(Ord. 2004-1, passed - -2004)

   (A)   With the approval of the Indiana State Board of Health, the water utility is now installing check valves on all water services.

      (1)   This is to prevent backflows due to high water temperatures that some new appliances require.

      (2)   The water pressure caused by high temperature when the water is heated results in the pressure release valve operating.

      (3)   If the pressure relief valve does not operate properly, the water pressure could raise to a level that might cause damage to some appliances.

   (B)   To alleviate this problem, the water utility recommends that all water heaters have an expansion tank installed on them.

   (C)   The water utility also recommends the use of a pressure reducing valve where the water pressure exceeds 80 p.s.i. Pressure reducing valves can be supplied at the owner’s request per the appropriate sections of this code of ordinances.

(Res. 2015-9, passed 6-23-2015)

      (1)   To provide for the protection of the public potable water system from the possibility of contamination or pollution by isolating within its water customers' private water systems any contaminants or pollutants which could, under adverse conditions, backflow into the public potable water system.

      (2)   To provide for the maintenance of a continuing program of cross-connection control which will, effectively, prevent or control existing or potential cross connections.

      (1)   The utility has the authority to prevent, by appropriate means, the backflow of contaminated or polluted water or any other foreign substance from entering the public potable water system and to require certain backflow prevention assemblies in private customer water systems to prevent backflow into the public potable water system.

      (2)   Water customers have the responsibility to test and maintain their respective private customer water systems free of cross connections and to comply with all federal, state, county and town laws, ordinances and regulations pertaining to cross connections.

      (3)   The utility shall be the interpreter of this chapter and the arbiter and judge as to whether a backflow assembly is required. If such a backflow assembly is required, exact installation, alignment and elevation requirements shall be determined by reference to 327 IAC 8-10-7 and other applicable state and local regulations.

      (1)   The policy of the utility is to control backflow by containment of all cross connections which shall be found to exist or which may be installed in the future on private customer water systems. Containment shall be achieved by:

         (a)   Assuring that the customer water system, or any portion thereof, which may create or is causing backflow, is physically disconnected from the public potable water system; or

         (b)   Installing an approved backflow prevention assembly at the appropriate location to isolate said customer water system from the public potable water system.

   (E)   Backflow prevention is required when one or more of the following situations apply:

      (1)   By Order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-04 Cross Connection Hazards.

      (2)   By order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-05 Secondary Sources of Supply.

      (3)   By order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-06 land irrigation buried below ground.

      (4)   By Order of the utility, provided that notice is given that specifies the nature of the customer activity that necessitates designation of the facility as cross connection hazard and a date by which the facility must comply with the order.

      (5)   For new construction of any of the following facilities:

         (a)   Facilities that present a cross-connection hazard as defined in division (E);

         (b)   Proposed facilities with unknown tenants, commonly known as "spec buildings";

         (c)   Facilities with a secondary source of supply, including but not limited to, emergency use, fire prevention, irrigation; or

         (d)   Facilities that plan to use fire protection service lines in the facility.

      (6)   For existing facilities requiring the following types of modifications:

         (a)   Installation of a new customer service line if the facility is one of the types of facilities identified in section (E)(5);

         (b)   Modifications to a facility's customer service line if the facility is one of the types of facilities identified in section (E)(5); or

         (c)   Modifications involving the installation of additional or larger capacity meters if the facility is one of the types of facilities identified in section (E)(5).

      (1)   With the prior consent of the utility, a water customer may receive temporary water service.

      (2)   The water customer must rent a meter for temporary water service from the utility and pay a fee as set forth in the utility's schedule of non-recurring rates and charges. The water customer shall submit a deposit for a meter.

      (3)   Any approved backflow prevention assembly shall be provided at the water customer's sole expense and shall at all times remain the property of the water customer. It is the water customer's responsibility to ensure the approved backflow prevention assembly is in working order at all times temporary water service is being used.

      (4)   If an air gap is used for backflow prevention, it is the water customer's responsibility to ensure that the air gap meets the requirements of 327 IAC 8-10-7(a).

      (5)   Failure to comply with the provisions of this section shall subject the water customer to enforcement procedures outlined in section (H).

         (a)   It is found that an approved backflow prevention assembly required by this chapter is not installed, tested, maintained and reported appropriately, or if it is found that a backflow prevention assembly has been removed or bypassed on a customer water system connected to the public potable water system, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions are corrected.

         (a)   It is found that an approved backflow prevention assembly required by this chapter is not installed, tested, maintained and reported appropriately, or if it is found that a backflow prevention assembly has been removed or bypassed on a customer water system connected to the public potable water system, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions are corrected.

      (3)   Discontinued service will consist of closing the control valve to or separating the control valve from the customer water system, or fire hydrant in the case of temporary water service, and the water customer will incur the standard monetary penalties for delinquent water shut-off. The utility will not restore service to the water customer until the utility has determined that the water customer is in compliance with the provisions of this chapter.

      (4)   If it is found that a cross connection control device inspector is in violation of any part of this chapter or 327 IAC 8-10, the utility reserves the right to discontinue accepting backflow prevention assembly testing results and assembly repair and/or overhaul reports in any format performed by the cross connection control device inspector found in violation at the discretion of the utility for a duration of time determined by the utility.

(Ord. 2019-07, passed 5-14-2019; Ord. 2020-05, passed 2-11-2020)

Section

      (1)   If the user is a corporation:

         (a)   The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

         (b)   The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

      (2)   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

      (3)   If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

      (4)   The individuals described in divisions (1) through (3) above may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall responsibility for environmental matters for the company, and the written authorization is submitted to the town.

      (1)   Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

         (a)   The building, structure, facility, or installation is constructed at a site at which no other source is located;

         (b)   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

         (c)   The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

      (2)   Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of divisions (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

      (3)   Construction of a new source as defined under this division has commenced if the owner or operator has:

         (a)   Begun, or caused to begin, as part of a continuous onsite construction program:

            1.   Any placement, assembly, or installation of facilities or equipment; or

            2.   Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

         (b)   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this division.

      (1)   An industrial user subject to categorical pretreatment standards; or

      (2)   An industrial user that:

         (a)   Discharges an average of 25,000 gpd or more or process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

         (b)   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

         (c)   Is designated as such by the town on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

      (3)   Upon a finding that a user meeting the criteria in division (2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the town may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

(Ord. 2016-28, passed 11-17-2016; Ord. 2019-25, passed 11-26-2019)

(Ord. 2016-28, passed 11-17-2016; Ord. 2019-25, passed 11-26-2019)

   (D)   Subject to the exemptions provided in I.C. § 36-9-23-30.1, the owner of any property producing sewage or similar waste, which is within the town or its service area, may be required at the owners’ expense to install a suitable service connection to the town’s POTW and to discontinue the use of privies, cesspools, septic tanks and similar structures if:

       (1)   There is an available sanitary sewer within 300 feet of the property line of the affected property; and

      (2)   The town has given notice by certified mail to the property owner at the address of the property at least 90 days before the date specified for connection in the notice.

   (E)   The town may apply to the Johnson Circuit or Superior Courts for an order to require a connection to its POTW pursuant to division (D) of this section. Pursuant to I.C. § 36-9-23-30(d), the court shall assess the cost of the action and reasonable attorney’s fees of the town against the property owner in such an action.

(Ord. 2016-28, passed 11-17-2016; Ord. 2019-25, passed 11-26-2019) Penalty, see § 53.99

(Ord. 2016-28, passed 11-17-2016; Ord. 2019-25, passed 11-26-2019)

(Ord. 2016-28, passed 11-17-2016; Ord. 2019-25, passed 11-26-2019) Penalty, see § 53.99

      (1)   No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

         (a)   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21;

         (b)   Wastewater having a pH less than 5.0 or more than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment;

         (c)   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than 1/2 inches (0.5") in any dimension;

         (d)   Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

         (e)   Wastewater having a temperature greater than 150°F (65.6°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C);

         (f)   Non-polar fats, oils and greases such as petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

         (g)   Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

         (h)   Trucked or hauled pollutants, except at discharge points designated by Wastewater Supervisor in accordance with § 53.09(D) of this chapter;

         (i)   Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

         (j)   Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the town's NPDES permit;

         (k)   Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

         (l)   Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Wastewater Supervisor;

         (m)   Sludges, screenings, or other residues from the pretreatment of industrial wastes;

         (n)   Medical wastes, except as specifically authorized by the Wastewater Supervisor in an individual wastewater discharge permit;

         (o)   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;

         (p)   Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW; or

         (q)   Polar fats, oils, or greases in concentrations greater than 100 milligram per liter.

      (2)   Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

      (1)   Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Wastewater Supervisor may impose equivalent concentration or mass limits in accordance with divisions (C)(4) and (5) below.

      (2)   When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Wastewater Supervisor may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

      (3)   When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Wastewater Supervisor shall impose an alternate limit in accordance with 40 CFR 403.6(e).

      (4)   When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the town convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Wastewater Supervisor. The town may establish equivalent mass limits only if the industrial user meets all the conditions set forth in (B)(4)(a)1. through (B)(4)(a)5. below.

         (a)   To be eligible for equivalent mass limits, the industrial user must:

            1.   Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

            2.   Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

            3.   Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

            4.   Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

            5.   Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

         (b)   An industrial user subject to equivalent mass limits must:

            1.   Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

            2.   Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

            3.   Continue to record the facility's production rates and notify the Wastewater Supervisor whenever production rates are expected to vary by more than 20% from its baseline production rates determined in division (C)(4)(f). Upon notification of a revised production rate, the Wastewater Supervisor will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

            4.   Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to division B(4)(a)1. so long as it discharges under an equivalent mass limit.

         (c)   When developing equivalent mass limits, the Wastewater Supervisor:

            1.   Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

            2.   Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

            3.   May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to division (G). The industrial user must also be in compliance with § 53.16(C) regarding the prohibition of bypass.

      (5)   The Wastewater Supervisor may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Wastewater Supervisor.

      (6)   Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

      (7)   Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

      (8)   Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Wastewater Supervisor within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Wastewater Supervisor of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.